Zoning Board of Appeals Meeting - May 28, 2024
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Zoning Board of Appeals Meeting - May 28, 2024
The Zoning Board of Appeals of Frederick, Maryland, met on May 28, 2024, at 7:00 PM at City Hall. The meeting included approval of prior minutes, a single variance case, and the election of officers. The board unanimously approved a variance for a garage at 140 West Church Street.
Consent Calendar
- Approval of Minutes: The board unanimously approved the meeting minutes from January 23, 2024, as presented.
Public Comments & Testimony
- No members of the public spoke during general public comment or on the variance case.
Discussion Items
- Variance Case ZBA24-2V – 140 West Church Street: The applicant, Jason West, requested a variance to reduce the required alley setback from six feet to zero feet along Delphi Alley to allow construction of a two-story enclosed garage (replacing an existing carport). Staff Planner Monica Robyns presented the staff report, which found that the property's unique lot shape (a 5.24-foot offset jog) made it impossible to build a usable garage with the standard setback. The report concluded that all seven conditions for granting a variance were met, and staff recommended approval. The applicant had no additional comments. Board members had a brief question about whether the bonus room was allowed by right (yes) and whether historic preservation review was pending (yes, to come). The board then deliberated and moved to approve.
Key Outcomes
- Variance Approved (4-0): The board voted unanimously to approve the variance for 140 West Church Street, reducing the alley setback from six feet to zero feet. The motion was made by Board Member Dixon Hicks, seconded by Lawrence Aronow, and included specific findings of fact: (1) not contrary to public interest, (2) unique lot condition creates undue hardship, (3) variance is minimum necessary, (4) strict application would deprive applicant of rights common to other properties, (5) no special privilege conferred, (6) in harmony with code intent, (7) applicant did not create the situation. Voting 'yes' were Chair Jim Racheff, Vice Chair Lawrence Aronow, Bob Sisson, and Dixon Hicks. The alternate Stephen Colar did not vote.
- Election of Officers: The board re-elected Jim Racheff as Chair (nominated by Bob Sisson, seconded, unanimous). Dixon Hicks was elected Vice Chair (nominated, seconded, unanimous).
Meeting Transcript
I thought both your sides were good sides. Good evening, everybody. Welcome to the May 28th, 2024 meeting of the City of Frederick Zoning Board of Appeals. Before we get started with tonight's business, I usually like to start by giving a little background about the ZBA, just in case we've got folks that aren't used to this process, or we've got folks that might be watching at home. It's my understanding that we are the most popular of all city broadcasts. So I always like to cover all the basis. It is the responsibility of the zoning board of appeals to authorize on appeal in specific cases, variants from the terms of the city's zoning regulations to hear and decide special exceptions to the terms of the zoning regulations to hear and decide appeals of aggrieved parties where it's alleged there's been an error in any order requirement decision or determination made by an administrative officer in the enforcement of uh division one of the land use article of the annexated code of Maryland, which means like land uh use in zoning laws for the state, um uh which includes the City of Frederick Land Management Code, which is adopted under that statute. Um, of course, we conduct all of our business in accordance with the city's land management code in Maryland state law, and members of the board are all volunteers. Uh, we are all residents of the city, uh, we are appointed by the mayor, and then our appointments are confirmed by the board of aldermen. Um the board is comprised of five voting meter members and one alternate. Uh tonight, Mr. Collar is our alternate uh on deck in case we need him. Uh we are also supported in our activities by members of the city staff, some of which you might already have been working with already. Um but to my far right and uh your far left uh is Miss Gabrielle Collard. Uh she is the planning director here at the City of Frederick. Next to her is Miss Monica Robbins, and she is a planner here with the city. And then to my far left and your far right is Miss Jennifer Vandegreek, uh, who's the office manager for the planning department, and in addition to her many, many copious tasks, she also supports the ZBA in our administrative activities uh here tonight. Um just to give you a short rundown on tonight's uh procedures. We've got a couple of things on the agenda that are kind of housekeeping measures that we um uh will start the meeting with, and then I will um call tonight's cases. Uh we only have one case on the agenda tonight, so I will only call one case. I take it that the applicants are here. Usually I say give me a wave, but I'm gonna right. I'm gonna take it that uh we have you here with us uh this evening. Um I first call the case. I'm gonna ask for the staff report. The staff report will be entered into the record. At the end of the staff report, the staff might make a recommendation or recommendations regarding the particular case. Um that's one element that we will use in our decision making, but it's not the only element. Following the staff report, we'll ask if the applicant has a presentation or has any additional information that they'd like to share with us, anything that they might want to clarify that was mentioned in the staff report. Members of the board might ask particular questions about the application at that time. Following that, we will ask if there are any members of the public who would like to speak regarding the um uh case that's before us tonight. Um any member of the public has the right to give input on any business that happens to be before us. Um following any public comment, we don't have a packed room, so I think that that will go rather quickly. Uh I will then ask if the applicant has any um final thoughts or closing thoughts that they'd like to share with the board. Um that will close our kind of public and testimony section of the case, and then I will ask for a motion for the board. Um, a motion requires a simple majority to pass, so three out of the five voting members here here tonight can pass any motion. Um speak before us uh tonight um will ask for your name and your address uh for the official record. Um, and um just so everybody's aware all of tonight's proceedings are being recorded. That's because if anybody's aggrieved by a decision that we make, they have the right to appeal that to the Circuit Court of Maryland. And when the judge is reviewing the record and all the case evidence and reviewing the tapes and the recordings, it helps keep straight who's speaking at any time. Um but I think that is pretty much uh the process that we'll run through tonight. Are there any questions regarding that? No. Okay. As I mentioned, we've got a couple of uh short things on our agenda tonight before we get to the um uh case that's before us. So we'll go ahead and uh move on to those and then we'll get on to tonight's cases. For anybody following the agenda, that's item number one. That's our call to order and announcements. Item number two is general public comment regarding zoning in the city of Frederick, not related to any of tonight's cases. It does happen on a rare occasion that we've got somebody who comes down and wants to just pontificate about their love of zoning.
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